ML20012F651
| ML20012F651 | |
| Person / Time | |
|---|---|
| Issue date: | 01/26/1990 |
| From: | Meyer D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Kidd D NRC OFFICE OF ADMINISTRATION (ADM) |
| Shared Package | |
| ML20012F650 | List: |
| References | |
| FRN-54FR38863, RULE-PR-11, RULE-PR-25, RULE-PR-95 AD28-2-6, NUDOCS 9004180066 | |
| Download: ML20012F651 (21) | |
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NUCLE AR REGULATORY COMMISSION y\\
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JAN 2 61993 MEMORANDUM FOR:
Duane G. Kidd, Chief Facilities Security & operational Support Branch 1
'i Division of Security office of Administration l
FROM:
David L. Moycr, Chief Regulatory Publications Branch Division of Freedom of Information and Publications Services Office of Administration
SUBJECT:
AMENDMENTS TO 10 CFR PARTS 11, 25, AND 95 i
TO EXPAND THE PERSONNEL SECURITY INVESTIGATIVE COVERAGE AND REVISE FEE SCHEDULES The Regulatory Publications Branch concurs on the final rule to amend 10 CFR Parts 11, 25, and 95.
Enclosed is a marked-up copy of the final rule package that presents a few additional editorial corrections.
If you have any questions concerning this matter, please have a member of your staff contact Betty K. Golden, Regulatory i
Publications Branch, ADM (extension 24268).
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David L. Meyer, Chief Regulatory Publications Branch Division of Freedom of Information and Publications Services office of Administration Enclosures l
As stated i
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9004100066 900413
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HEHORANDUM FOR: James M. Taylor
[*ecutive Director for Operations IROM:
Patricia G. Norry, Director Office of Administration l
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$UBJECT:
AMENDMENTS TO 10 CFR PARTS 11, 25 and 95 TO EXPAND 1HE PER$0NNEL SECURITY INVE$11GATIVE I
COVERAGE AND REV15E FEE SCHEDULES l
Enclosed for your signature is a final rule to be published in the federal Register that amends 10 CFR Part 11 " Criteria and Procedures for Determfiiing DigiliTlity for Acces$ to or Control Over $)ecial Nuclear Material," 10 CfR Part 26 " Access Authoritation for Licensee Personnel," and 10 CFR Part 95 and Restricted Data.pproval and Safeguarding of National Security information
"$ecurity f acility A
Background:
On April 12, 1989, the EDO approved the addition of a credit check i
to the sf5pe of the initial investigation coverage required for en NRC "L" security clearance for NRC employees, contractors and other non lir.ensee personnel and also approved initiation of rulemaking to implement the same requirements for licensee "R" special nuclear material access authorizations and "L" clearances as well as to recover the additional cost of each credit The proposed rule was published in the federal Register on September k
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check.
K. 1989, four connents were received by the end of the comment period on November 21, 1989. A summary of the comments and the proposed response to them is addressed under "Public Comments" below.
On November 30, 1989, subsequent to publication of the proposed rule, the federal Bureau of Investig6 tion (FBI) notified all federal non law enforcement l
agencies, including the NRC, that they would, effective January 1,1990, begin l
charging a $14.00 fee to process fingerprint cards related to security clearances.
Previously there had been no charge for this service. This means the cost to NRC for processing a licensee "R" or "L" security clearance increased by $14.00 i
j on January 1, 1990. Because the fees NRC charges licensees.for such clearances is dependent on NRC's costs to process them, it is necessary to increase the fees by an additional amount to recover these costs. Although this fee
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increase was not included in the proposed rule when it was published for public comment, it is not necessary to solicit public connent because it is i
non.discre tionary. NRC is obligated to pass such costs on to licensees under o
the legislation authorizing the Material Access Authorization Program and the l
Classified Safeguards Program.
r 21, 1989 the proposed rule was published for f
r Public Comments: On September connent (54 FR 38803). The connent period expired on November 21, 1989.
Four connents were received from the public.
One of the comments strongly supported the proposed changes and three disagreed with them. The three opposeo to the /"p #
osed an unwarranted intrusion into the privacy
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Cf tra.despersons employed by power reactor licensecs or at reactor sites.
Because this rule only applies to individuals whc require access to classified
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t-7;e information or access to or control over formula quantities of special nuclear a
material, neither of which would normally be present at a power reactor site,
' f, r. J g it does not create the situation they object to.
In those few cases where
- " 3 E".p tpower reactor lictnsee personnel may be cleared for access to classified 4.
information it is restricted to a highly limited runter of management and
, ! *r security / safeguards related personnel.
To the twit _ of staf f's knowledge this t
I o 3$ $ rule will not apply to any tradesperson at any Of light water pomeF reacted ' jg
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L o) G, r C,ethis rule will, however, af fect the one power reactor in the U.S. that uses Fort Saint Yrain has some personnel with *L'
>Vy!),highenricheduraniumfuel.
access authorization., That reactor is permanently shut down and is attempting [t to downgrade its $Rurity program J5 soon as it can have the non self
, [ U *[ protecting fuel removed f rom the site (anticipated to be no later than the f f Ka second quarter of 1991).
Because this rule change is not retroactive,v i j
w only apply to new clearance requests received af ter the effective dat4n L l f, 7 '
.fM4hty-is-reducing-4t1-5(4f f4ng-tbeHmpact-err-everrthis one power reactee--4.
,' 3if 4-tt-m% It is, therefore, recommended thu the rule be approved as proposed (with the addition of the additional cot t to cover FBI charges for
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processingfingerprintcards).
J Notices: A notice to the Consnission that the LOC has signed this rule is enclosed for inclusion in the next Daily Staff Notes (Enclosure C). Con.
gressional Committees will not be notified. The Office of Administration will l
notify affected licensees and other interested persons of this ruleniaking.
Coordination:
The Division of Freedom of Information and Publications Services, Effice of Administration, The Office of Nuclear "aterial Safety and Safeguards, The Office of Nuclear Reactor Regulation and the Office of Nuclear Regulatory Research concur in these amendments. The Office of the General Counsel has no legal objection.
Patricia G. h:rry, Director Office of Adtrinistration l
Enclosures:
A.
Federal Register Hotice of Final Rulemaking B.
Regulatory Analysis C.
Daily Staff Notes item DISTRIBUTION:
SCf: LRD 3.D0.00 MCF: None P. G. Norry, 0/ADM LRD 3.00.05 D/SEC R/F M. L. Thompson, Jr., DEDS LRD 3.00.09 PERSEC R/F R. J. Voegele. OGC F
LRD 3.00.17 EDO R/F D. L. Meyer, RPB E. S. Beckjord, RES F Burnett, HMSS E. K. Grimes, NRR i
D. C. Williams, 010 i
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- DED5 AME :RFBurnett
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- PGNorry
- HLThompson, Jr.
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- 01/
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Approved for Publication L-c, to develo
' The Comission delegated to the EDO (10 CFR 1.31(a)(3)) the i.uthority(5 U.S.C. 5p1 s
and promulgate rules as defined in the Administrative Procedure Act (4)) subject to the limitations in NRC Manual Chapter 0103, Organization and Functions. Of fice of the Executive Director for.0perations, paragraphs 0213, 038, 039, and.0310.
1
.The enclosed rule, entitled " Credit checks. Expanded personnel Security Investigative Coverage," will amtne parts 11, ?$, and 95 by (1) expanding the investigative scope for licensee *R' special nuclear material access authori.
ration and "L" security clearance applicants by adding a credit checkt and (2) r revising the correspondin') fee schedules to recover the additional cost of each credit check and cost of Pederal Bureau of Investigation fingerprint card 3..
L processing.
I I
This final rule does not constitute a significant question of policy, nor l
does it amend regulations contained in 10 CFR Parts 7, 8 or 9. Subpart C, con.
l cerning matters of policy.
1, therefore, find that this rule is within the l
scope of my rulemaking authority and am proceeding to issue it, i
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I Date Jan.es M. Taylor, Decutive Director
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f*I NUCLEAR REGULATORY COMM15$10N c
-10 CFR Parts 11, 26 and 95 i
RIN 3150 AD28 Credit Checks - Expanded Personnel t
Security Investigative Coverage AGENCY:
fluclear Regulatory Consnission.
i ACTION:
Final rule, 4
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$UlMARY: The Nuclear Regulatory Commission is amending its regulations to (1)
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expand the investigative' scope for licensee "R" special nuclear material access authorintion and 'L" security clearance applicants-by adding a credit check; El and(2)revisethecorrespondingfeeschedulestorecovertheadditionalcost L
of each credit check and cost of newly imposed federal Bureau of Investigation (FBI) fees for processing fingerprint cards. This amendment is necessary to j
achieve 'a higher degree of assurance that licensee "R" and "L" applicants are 4
reliable, trustworthy, and do not have any significant financial problems which may cause them to be susceptible to pressures, blackmail, or coercion to act contrary to the national interest.
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Effective Date:
(30 days after the date of publication in the federal Register)
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.Duane G. Kidd, Division of Security Office FOR. FURTHER INFORMATION CONTACT:
of Administration, U. S. Nuclear Regulatory Comission, Washington, DC 20555, telephone:
(301)492-4127.
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TUPPLEMENTARY INf0RMA110N: On April 12,109, the [*ec~tive Director for e
Operations ([DO) approved the imnediate addition cf a credit check to the
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. scope of the initial investigation coverage required for en ARC "L" security citarance for NRC employees, contractors, and other non-licensee personnel. The EDO also approved the initiation ef ruleniaking to implenent the same investigative scope change for "R" and "L" licensee applicants.
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The current investigative coverage for "R" and L' applicants normally consists of a national agency check (NAC) conducted by the Office of f
personnel Managenent (OPM). While a NAC provides important coverage of en individual's background (e.g., f01 criminal history fingerprint and f
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nane checks; record checks with OPM, the Departrxr t of Defense (D0D),and other applicable agencies), it does not provide ir. formation concerning an t
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,fp c individual's financial situation, f HRC, therefore, is amending its regulations to expand the present investigative scope for an 'R" special nuclear material f
access authorization and "L" security clearance by adding a credit check.
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P The addition of the credit check is necessary to achieve a higher degree j
of assurance that *R" and "L' licensee applicants are reliable, trust.
j worthy, and do not have any significant financial problems which may cause them to be susceptible to pressures, blac6 sail, or coercion to act g
contrary to the national interest.
In October 19E7, OPM added several
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significant financial questions to its SF.66, " Questionnaire for Sensi-l E
tive Positions," which the NRC currently uses as a basis for its per-i f,
sonnel security investigations. OPM added these e,vestions in order to l
l identify security related concerns and possible ce ploitable weaknesses in i
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a' person's background, in view of recent espionage for money cases, it i
I is important to identify those individuals who ha,e serious financial I
dif ficulties and are, therefore, more susceptible to committing espionage t
or similar activities against the linited States, t
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w t,e fuvthermore[NRC has four:, based on act"al case operience, that an individual's financial difficulties may be en indicator Cr result of other more serious problents such as drug abuse, alcohol abuse, or dishonesty.
In addition to providing greater assurance of an "R" and "L" licensee g
applicant's eligibility, the credit check will achieve greater compara.
bility between NRC's requirements and those of the Department of [nergy and other agencies which require the credit check for their "L" and Secret clearances. The pgndrequirenient will also be more consistent e
t with the investigative coverage proposed in the huclear Management and Re.
sources Council (NVi%RC) guidelines for licensee personnel with unescorted i
access to protected and vital areas of nuclear pewer plants.
On November 30, 1989, the FBI notified all federal non law enforcement agencies, including the NRC, that they would, ef fective January 1,1990, begin charging a $14.00 fee to process fingerprint cards related to security clearances, previously there had been no charge for this service. This means the cost to kRC for processing a licensee *R" special nuclear material access authorization and *L" security clearance increased by $14.00 on January 1,1990. Because the fees NRC charges licensees for these clearances is dependent on NRC's costs to process them, it is necessary to increase the fed recover these additional
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costs.
g The applicable fee schedules have been revised to reflect the additional cost asso:iated with the conduct of the credit check and the FBI fee foi processing fingerprint cards.
Specifically, the fee for an kRC "R" special nuclear material access authorization or "L" security clearance is increased from 515.00 to 540.00.
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_- n ublic Cori eptember 21,1989, the prop; sed rule cas published for coment (54 IR 38863). The (openent period expir d on November 21, 1989.
Four
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comehts were received f rom the public. One coment, from a public interest
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law and policy foundation, strongly supported the addition of credit checks to the investigations of individuals being considered for access to classified
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information or special nuclear materials.b":/Msy ':10 that individuals with serious credit problems created a higher risk to the security of such
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l information and materials.//Two trade nions, whose members work for nuclear power plants or are employed by contractors at such plants, and a private citizen, disagreed with the addition of a credit check to the investigations on the basis that it constituted an unwarranted invasion of the privacy of workers at nuclear power plants. All three of these coment presumed that the investigative coverage of this rule applied to large numbers of workers at nuclear power stations. This is not so. These rules only apply to those individuals who are being considered for access to U.S. Government classified information or to formula quantities of Special Nuclear Matertag M484r-cV 7,u h*.
44thovHQgImally be present at a comercial power reactoME-+eb f
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a@s.a,r fr
)Texception[ Fort Saint Yrain, which uses high enriched uranium fuel, is p !,,. ?
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ng permanently shut down and is reducing its staff.
That licensee is to dispose of its remaining non.self protecting high enriched fuel and, when cte ra.,rv n y < til then it is
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it does that, will no longerW11 =Ar these rulesteitheM possible that a few additional security personnel (due to attrition, etc.) may need to be cleared. At other power plants there have been cases where a few senior manegenient and safeguards related personnel have been cleared for access to classified informattorg t wever, to the best of s knowledge,these g
rules will not apply to any tradesperson at any corrnercial U.S. light water power reactor. M L n ough the three objections were clearly related to the presumed inipact on tradespersons working at nuclear power plants, a situation not created by these amendments, NRC has reconsidered the invasion of 4
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I' privacy conccrcs they raisedo There is no qcstion that any investigation of I
& person's baclground involves a degree of invasion of privacy, and an additional check, such as the credit check discussed in this amendment, increases the impact. The NRC has decided that the National Security concerns for assuring the integrity and reliability of individuals who have access to classified government information or formula quantities of special nuclear material
//ne om os <!me%
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warrants (th; uti: repetM is is clearly evidenced by the fact that u d y/h checks are required for its own employees and are generally required throughout the U.S. Government. The NRC is, therefore, publishing this final rule as y cr-cost to ce n. FBI charges for originally proposed (with the additiona
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processing fingerprint cards.)
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Environmental Impact:
Categorical Delusion The NRC has determined that this regulation is the type of action described as a categorical exclusion in 10 CFR 51.22 (c) (1). Therefore, neither an environ-mental impact statement nor an environmental assessment has been prepared for this final rule, paperwork Reduction Act Statement l
This final rule does not contain a new or anended information collection requirement subjcct to the paperwork Reduction Act of 1980 (44 U.S.C. 3501 et. seq.) Existing requirements were approved by the Of fice of Management and I
Budget, approval nunbers 3150-0046, 3150 0047, and 3150-0062.
Regulatory Analysis The Commission has prepared a regulatory analysis on this final
.w regu.lation. The analysis-exa2ines.the c;sts ar.d benefits of the alter-
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tiatives considered'by the Comission.
The analysis is available for
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' inspection in the NRC Puolic Document Room, Room LL6, 2120 L Street, NW.(LowerLevel), Washington,DC. Single' copies of the analysis may j
be obtained from Duene G. Kidd, Division of Security, Of fice of Adminis-j tration, U. S. Nuclear Regulatory Connission, Washington, DC 20555,-
telephone:
(301)4924127.
i Regulatory flexibility Certification in accoruance with the Regulatory flexibility Act, 5 U.S.C. 605(b), the Connission certifies that this final rule does not have a significant economic impact on a substantial number of small entities.
This rulemaking only applies to those' licensees and others who need to use, process, store, transport, or deliver to a carrier for transport formula quantities of spetic? nuclear material (as defined in 10 CFR Part 73) or generate, receive, safeguard, and store National Security Information or Restricted Data (as defined in 10 CFR e
. Part' 25). Approximately 31 NRC licensee and other license related interests f
would e affected under:the provisions of 10 CFR Parts 11 and/or,25. However, 20 of these licensees, or other interests, have only a limited number of active clearances, e.g., one or two each, relating to classified safeguards activities.
o Because.these licensees are not classified as small entities as defined by the NHC's size standards (December 9,1985; 50 TR 50241), the Connission finds ti..t this rule does not have a significant economic impact upon a substantial number of small entities.
Backfit Analysis j
The NRC has determined that the backfit rule,10 CTR 50.109, does not apply to t *
,r k.,
'this final rule, and theref;re, that a backfit analysis is not required for
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this final rule, because these anandments do not involve any provisions which wouldimposebackfitsasdefinedin10CFR$0.109(a)(1).
List of Subjects i:
l 10 CFR Part 11 g
Hazardous materials - transportation, Investigations, Nuclear materials,
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t Reporting and recordkeeping requirements, Secui(ty measures, Special nuclear material.
10 CFR Part 25 Classified information, Investigations, Penalty, Reporting and recordkeeping requirements, Security measures.
10 CFR Part 95 Classified information, Penalty, Reporting and recordkeeping requirements, Security' measures.
Foi the reasons set cut in the preamble and under the authority of the Atomic 4
Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as I
C O aml amended,and5U.S.C.kS3,theNRCisadoptingthefollowingamend-i i
ments to 10 CFR Parts 11, 25, and 95.
PART 11 - CRITERIA AND PROCEDURES FOR DETERMINING ELIGJBILITY FOR ACCESS TO OR CONTROL OVER SPECIAL NUCLEAR MATERIAL l !
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1.
The authority citation for Part 11 continues to' read as follows?
p li AUTHORITY:
Sec.161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, 88 Stat.1242, as amended (42 U.S.C. 5841).
Section ll.15(e) also issued under sec. 501, 85 Stat. 290 (31 U.S.C.
r 483a).
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2.
In l'Il.7, paragraph (d) is revised to read as follows:
' s 11.7 Definitions.
(d) "NRC
'R' special nuclear material access authorization" means an administrative determination based upon a national agency check and credit investigation that an individual in the course of employment is eligible to work at a job falling within the criterton of i 11.11(a)(2).
3.
In i 11.15, paragraphs (e)(1) and (f) are revised to read as follows:
I i 11.15 Application for special nuclear material access authorization.
(e)(1) Each application for special nuclear material access authori-zation, renewal, or change in level must be accompanied by the licensee's j
p remittance, payable to the U. S. Nuclear Regulatory Commission, according i
to the following schedule:
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NRC-U requiring full field investigati n........................$2,415 6
fii.
NRC-U requiring full field investigation (expedited processing)..$2,932 111'. NRC-U based on certification of comparable full field background l
invei tigation........................................................ 1 $0
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} $40 l
~iv.
NRC-U or.R renewal...............................................
NRC R........................................................... 1 $40 L
v.
NRC-R based on certification of comparable investigation........ 2 $0 vi.
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hI If the NRC determines, based on its review of available data, that a full field investigation is necessary, a fee of $2,415 will be assessed prior to the conduct of the investigation, j
2 If the NRC determines, based on its review of available data, that a national agency check and credit investigation is necessary, a fee of $40.00 will be assessed prior to the conduct of the investi-gation; however, if a full field investigation is deemed necessary by the NRC, based on its review of available data, a fee of $2,415 will be assessed prior to the conduct of the investigation.
e (f)(1) Any Federal employee, employee of a contractor of a Federal agency, licensee, or other person visiting an affected facility for the purpose of conducting official business, who possesses an active NRC or DOE-Q access authorization or an equivalent Federal security clearance granted by another Federal agency (" Top Secret") based on a comparable full field background investigation may be permitted, in accordance with 511.11, the same level of unescorted access that an NRC-U special nucicar material access authorization would afford.
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i-NRC cr" DOE-L access authorization or an equivalent security clearance -
f eX is
("Secr'et"),' based on a background investig6 tion cr national agency i
check, which was granted or being processed by another Federal agency}
Se e prior to [eff ective date of final rule] is acceptable to meet this grdeok requirement, s
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L 4.
Section 11.16 is revised to read as follows:
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'lll.16 Cancellation of request for special nuclear material access authorization.
l When a request for an individual's access authorization is withdrawn or cancelled, the licensee shall notify the Chief, Personnel Security Branch, NRC Division of Security immediately, by telephone, so that the full field investi-gation or national agency check and credit investigation may be discontinued.
The caller shall provide the full name and date of birth of the individual.the date of request, and the type of access authorization originally requested'("U" or "R"). The licensee shall promptly submit written confirmation of the telephone notification'to the Personnel Security Branch, NRC Divisien of Security. A portion of the fee for the "U" special nuclear material access authorization may be refunded depending upon the status of the, full /ield gl'nvestigation at
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the time of withdrawal or cancellation.
PART 25 - ACCESS AUTHORIZATION FOR LICENSEE PERSONNEL 5.
The authority citation for Part 25 continues to read as follows:
AUTHORITY: Secs.145,161, 68 Stat. 942, 948, as amended (42 U.S.C.
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(E) Any federal (nployee, employee of a. contractor of a Federal' I
agency, licensee, or other person visiting an af fected facility for the.
purpose'of conducting official business, who possesses an active liRC or j
h 00E-L access euthorization or an equivalent security cicarance granted t
by another federal agency (" Secret") based on a background investigation
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or [ational[gency[ heck ard [redit/nvestigation may be permitted, in accordance with 511.11, the same level of unescorted access that an NRC-R special nuclear material access authorizatien would afford. An t
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. 2165,2201),sec.201,88 Stat.1242,asamended(42U.500.5841);E.00
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.T0865,'as amended, 3 CFR 1959-1963 COMP.
- p. 398 (50.U.S.C. 401, note),
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E.O. '12356, 47 FR 14874, April 6,1982.-
a Appendix A also' issued under 96 Stat. 1051 (31 U.S.C. 9071).
For'the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C.
2273), 66 25.13, 25.17(a), 25.33(b) and (c) are issued under sec.1611, 68 Stat.949,asamended(42U.S.C.2201(1)),andil25.13and25.33(b) are issued under sec. 1610,68 Stat.950,asamended(42U.S.C.2201(o)).
6.
In i 25.5 the definition of "L" is revised to read as follows:
.i 6 25.5 Definitions.
i "L" access authorization means an access authorization granted by the Commission which is normally based on a national agency check and credit' investigation (NAC&C) or national agency check, inquiries and o
credit investigation (NAC
) conducted by the Office of Personnel h
I Management.
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7.
Section 25.25 is revised to read as follows:
1 9 25.25 Cancellation of requests for access authorization.
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' When a request'fcr an' individual's' access authorization'is with-p
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drawn cr. cancelled, the requester shall notify the NRC Division of Security innediately, by telephone, so that the full field investi-F i-gation or national agency check and credit investigation may be
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p.4 discontinued. The caller shall supply. the full name and date of birth c
of the individual, the date of request, and the type of' access authort.
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zationoriginallyrequested("Q"or"L"). The telephone notification-mustLbe promptly confirmed in writing.
E 8.
Appendix. A is revised to read as fo11cws:
L Appendix A - Fees for NRC Access Authorization Category Fee I
Initial "L" Access Authorization...............................
$40 I
Reinstatement of "L" Access Authorization......................
$40 I
Extension or Transfer of "L" Access Authorization..............
$40 Initial "Q" Access Authorization...............................
$2,425 Initial "Q" Access Authorization (expedited processing).........
$2,932 2
Reinstatement of "Q" Access Authorization......................
52,415 Reinstatement of "Q" Access Authorization 2
(expedited processing)....................................
$2,932 2
Extens ion or T ra nsfer of "Q"...................................
$2,415 2
l Extension or Transfer of "Q" (expedited processing)............
$2,932 I If the NRC determities, based on its review of available data, that a full field investigation is necessary, a fee of $2.415 will be assessed prior to the conduct of the investigation.
2 Full fee will only be charged if investigation is required. t N
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I-PART'95 - SECURITY TACILITY APPROVAL AhD SAFEGUARDING
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Of NATIONAL SECURITY INFORMATION AND RESTRICTED DATA c
- 9. The authority citation for Part 95 continues to read as follows:
T.
AUTHORITY: Secs. 145, 161, 68 Stat. 942, 948, as amended (42 U.S.C.
N165, 2201);. sec. 201, 88 Stat.1242, as amended (42 U.S.C. 5841); E.O.
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10865, as amended, 3 CFR 1959-1963 COMP., p. 398-(50 U.S.C. 401, note);
E.O. 12356, 47 FR 14874, April 6, 1982, for the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C.
2273), il 95.13, 95.15(a), 95.25, 95.27, 95.29(b), 95.31, 95.33, 95.35, 95.37, 95.39, 95.41, 95.43, 95.45, 95.47, 95.51, 95.53, and 95.57 are also issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(1)).
10.
In 6 95.5 the definition of "L" is revised to read as follows:
f 6 95.5 Definitions.
L "L" access authorization means an access authorization granted by the Comission which is normally based on a national agency check and j
credit investigation (NA,C&C) or national agency check, inquiries and
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credit investigatior}/(NAC$C) conducted by the Office of Personnel A
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' Dated at Rockville, Maryland this _ day of
, 1990.
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for the Nuclear Regulatory Commission.
James M. Ieylor, Executive Director for Operations g,
t LNCLOSURE B
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I REGULATORY ANALYSIS t
1.
Statement of problem The investigative scope for licensee "R" special nuclear material access h
authorization and "L" security clearance applicants needs to be expanded to include a credit check. While the current investigative scope provides important coverage of an individual's background, it does not provide The NRC has information concerning an individual's financial situation.
found, based on actual case experience, that an individual's financial difficulties may be an indicator or result of other, more serious, prob-1 ems such as drug abuse, alcohol abuse, or dishonesty.
3 The current fee schedules need to be changed to recover the additional i
cost of each initial credit check.
They also need to be changed to reflectnewFederalBureauofInvestigation(FBI)feesforprocessing fingerprint cards, which are an integral part of access authorization and security clearance processing.
Otherwise, NRC would be subsidizing licensee applications for special nuclear material access authorizations and security clearances.
2.
Objective The objective of this regulatory initiative is to inform licensees and others that (1) NRC is adding a credit check to the investigative scope for licensee "R" special nuclear material access authorization and "L" security clearance applicants; (2) the amendment is necessary to achieve a higher degree of assurance that "R" and "L" applicants are re-liable, trustworthy, and do not have any significant financial problems which may cause them to be susceptible to pressures, blackmail, or coercion to act contrary to the national interest; and (3) it is necessary to revise the corresponding fee schedules to recover the additional cost of each credit check and FBI charges for processing fingerprint cards.
3.
Alternatives There is no reasonable alternative to the revision of these regulations that would achieve the desired result.
4.
Consequences l
There are approximately 31 affected entities licensed by the NRC who require "R" and "L" special nuclear material access authorizations /
security clearances to permit them access to or control over special nuclear material and/or classified inforrration. Unless the credit check is added to the investigative scope, NRC will not achieve a higher level of assurance that "R" and "L" applicants are reliable, trustworthy, and l
do not have any significant financial problers which may cause them to be i
susceptible to pressures, blackmail, or coercion to act contrary to the national interest. Additionally, unless the additional cost is recovered, the NRC would be subsidizing licensee applications for special nuclear l,
material access authorization / security clearance.
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Decision Rationale J
I The only available method of iniposing this legitimate requirement on' selected licensees is to revise 10 CFR Parts ly25, and 95. Other
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I avenues would lack the requisite formality.and legality necessary.
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7 6.
_!rnplementation The Division of Security intends-to publish the final rule amending 10 i., s CTR Parts 11, 25 and 95 by March 1990, i
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ENCLOSURE C L
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7 DAILY staff NOTES Off!CE Of ADMINISTRATION
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final Rule Signed by the E00 p
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, the Executive Director for Operations approved a final rule C
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that amends 10 CfR Part 11, " Criteria and Procedures for. determining Eligibility for Access to or Control Over Special Nuclear Material," 10 CFR Part 25,
" Access Authorization for Licensee Personne " and 10 CFR Part 95, " Security
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Facility Approval and Safeguarding of Natior(rhl Security Information and' ReJLticted DataJ The amendments will (1) expand the initial investigative
/'-A cope for "R" special nuclear material access authorization and "L" security clearance applicants by adding a credit check; and (2) revise the corresponding fee schedules to recover the additional cost of each credit check and Federal Bureau of Investigation charges for processing fingerprint cards, s
This notice informs-the Comission that, in accordance with the rulemaking authority delegated to the E00, the E00 has signed this final rule and j
' proposes to forward it on to the Office of the Federal Register for publication, unless otherwise directed by the Comission.
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